1303
Notice of Allowance [R-07.2015]

37 CFR 1.311 Notice of Allowance.

(a) If, on examination, it appears that the applicant
is entitled to a patent under the law, a notice of allowance will be sent to the
applicant at the correspondence address indicated in § 1.33. The
notice of allowance shall specify a sum constituting the issue fee and any
required publication fee (§ 1.211(e)) which issue fee
and any required publication fee must both be paid within three months from the
date of mailing of the notice of allowance to avoid abandonment of the
application. This three-month period is not extendable.

(b) An authorization to charge the issue fee or other post-allowance
fees set forth in § 1.18 to a deposit account
may be filed in an individual application only after mailing of the notice of
allowance. The submission of either of the following after the mailing of a notice
of allowance will operate as a request to charge the correct issue fee or any
publication fee due to any deposit account identified in a previously filed
authorization to charge such fees:

(1) An incorrect issue fee or publication fee; or

(2) A fee transmittal form (or letter) for payment of issue fee
or publication fee.

A Notice of Allowance is prepared and mailed, and the mailing date
appearing thereon is recorded in the image file wrapper table of contents.

If an application is subject to publication under 37 CFR 1.211, the
Notice of Allowance will require both the issue fee and the publication fee. See
37 CFR
1.211(e). It is noted that the publication fee was reset to $0.00
effective January 1, 2014. See Setting and Adjusting Patent Fees (78 FR 4212, Jan.
18,2013). A “Notice of Allowance and Fee(s) Due.” (PTOL-85) will be mailed to the
correspondence address of record. The form includes the amount of any required publication
fee, as provided in 37
CFR 1.211(e) and 1.311. The form includes an indication
that the publication fee is due, if the application was subject to publication and the
publication fee has not already been paid. Part B of the form (PTOL-85B) must be returned
to the Office with the payment of the issue fee. Applicants are reminded to transmit an
extra copy of the PTOL-85B when payment of the issue fee is by way of authorization to
debit a Deposit Account. See MPEP § 509.01.

For more information about eighteen month publication and publication
fees, visit the USPTO Internet web site at www.uspto.gov.

For applications filed on or after September 16, 2012, if an
application is in condition for allowance but does not include an oath or declaration in
compliance with 37 CFR 1.63, or a substitute
statement in compliance with 37 CFR 1.64, executed by or with
respect to each actual inventor, the Office will issue a “Notice of Allowance and Fee(s)
Due” (PTOL-85) together with a “Notice of Allowability” (PTOL-37) including a “Notice
Requiring Inventor’s Oath or Declaration” (PTOL-2306) requiring the applicant to file an
oath or declaration in compliance with 37 CFR 1.63, or substitute
statement in compliance with 37 CFR 1.64, executed by or with
respect to each actual inventor, no later than the date of payment of the issue fee to
avoid abandonment. If applicant receives a “Notice Requiring Inventor’s Oath or
Declaration” and fails to file a proper reply to the notice before or with the payment of
the issue fee, the application will be regarded as abandoned. See 37 CFR 1.53(f)(3)
(ii).

1303.01
Amendment Received After Allowance [R-07.2015]

If the amendment is filed under 37 CFR 1.312, see
MPEP §
714.15 to § 714.16(e). If the amendment contains
claims copied from a patent to provoke an interference, see MPEP Chapter 2300. Any
submissions of replacement drawings filed after allowance should be forwarded to the
Office of Data Management.

Reference to an Issue Batch Number is no longer necessary because the
Office no longer stores and tracks applications according to issue batches.

Any paper filed after receiving the Issue Notification should include
the indicated patent number, unless the application has been withdrawn from issue.

1303.02
Undelivered [R-07.2015]

In case a Notice of Allowance is returned, and a new notice is sent
(see MPEP §
707.13), the date of sending the notice must be changed in the
file to agree with the date of such remailing. The original document, a copy of the
returned document with any markings, and the remailed document should be retained in the
application so that the file history is clear.

1303.03
Not Withheld Due to Death of Inventor [R-07.2015]

The Notice of Allowance will not be withheld due to death of the
inventor if the executor or administrator has not intervened. See MPEP § 409.01(a) for
applications filed on or after September 16, 2012 or MPEP § 409.01(b) for
applications filed before September 16, 2012.